'RIGHT TO FAIR TRIAL'

BBI team enjoined in case contesting its formation

Two separate petitions filed challenging constitutionality of task force, team wants them heard together

In Summary

• First petition is by a researcher who says President Kenyatta violated the Constitution by instructing the team to make recommendations to government. 

• Second petition is by Thirdway Alliance party whose leader proposed a constitutional amendment. The task force was collecting public's views on the same. 

The BBI team addresses the press at the Intercontinental Hotel in Nairobi on July 15
WANT PETITIONS CONSOLIDATED: The BBI team addresses the press at the Intercontinental Hotel in Nairobi on July 15
Image: JULIUS OTIENO

A High Court has granted an application by the Building Bridges Initiative task force to be enjoined in a case challenging its establishment. 

Two separate petitions have been filed before the court.  

The first petition seeking to declare the taskforce unconstitutional was filed by Moraa Gesicho, a researcher. The second was filed by Thirdway Alliance suing the Head of Public Service Joseph Kinyua and others. 

 

BBI, through lawyer Ochieng Oginga and Advocates said the team would be greatly prejudiced if not afforded an opportunity to be heard in the petitions.  

The BBI wants the two petitions to be heard and determined together, citing similarity of the issues raised.

"There is a danger that court will give conflicting and contradicting judgments," the task force said. 

Gesicho's petition, in which the Attorney General is the respondent, also seeks to block BBI from handing over their report to the President before the case is heard and determined.

When the matter came up for mention before Justice John Korir, he directed Gesicho to serve the task force with her submissions.

Korir also directed BBI to file its response within 10 days and serve the petitioner who will have seven days to respond. 

The matter will be mentioned on October 16 for further direction.

 

Gesicho is seeking a declaration that President Uhuru Kenyatta, in instructing the task force to make periodic written recommendations for the government, was in contravention of the Constitution.

She also wants a declaration that there is a conflict of interest between the task force and Uhuru's official duties as President. 

The researcher says the President has not come out to give accountability to the public over his decision to establish the task force. 

Edited by R.Wamochie 

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